Fairfield Connecticut Building Expert Directory

Nerves of Steel Needed as Firms Face Volatile Prices, Broken Contracts and Price-Gouging

December 06, 2021 — Richard Korman, Jonathan Barnes, & Greg Aragon - Engineering News-Record
When Elmhurst Group, a Pittsburgh-area developer, started collecting bids for a new mixed-use building last November, the price of the steel frame, roof and cladding panels for the $14-million project came in $382,000 higher than expected—a big enough disappointment to give Elmhurst pause. Overall material costs for the project were running more than $650,000 above what was originally calculated. Reprinted courtesy of Richard Korman, Engineering News-Record, Jonathan Barnes, Engineering News-Record and Greg Aragon, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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Proposed California Legislation Would Eliminate Certain Obstacles to Coverage for Covid-19 Business Income Losses

July 20, 2020 — James Hultz & Alan Packer – Newmeyer Dillion
On July 2, 2020, the California Legislature amended California Assembly Bill 1552 to help policyholders seeking business interruption coverage for their COVID-19 losses. The draft legislation states the need for the legislation to go into immediate effect in "order to protect the solvency of businesses that were forced to close their doors or limit business" due to the pandemic. If adopted, the proposed legislation would apply to all commercial insurance policies providing coverage for business interruption in effect on and after March 4, 2020. The proposed legislation would create rebuttable presumptions in favor of coverage for losses due to COVID-19 under Business Income, Extra Expense, Civil Authority and Ingress and Egress policy provisions. For instance, the proposed legislation would create presumptions that COVID-19 was present at the insured premises and caused damage to the insured property. The draft legislation also specifies that the virus shall not be considered a pollutant unless the policy specifies otherwise. The ultimate impact of the draft legislation is unclear however, given that it specifically "does not affect the applicability of any policy provision, including any language addressing loss or damage caused by a virus." For additional information, you can consult with a Task Force attorney by emailing NDCovid19Response@ndlf.com or contacting our office directly at 949-854-7000. About Newmeyer Dillion For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 70 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's success and bottom line. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com. Reprinted courtesy of James S. Hultz, Newmeyer Dillion and Alan H. Packer, Newmeyer Dillion Mr. Hultz may be contacted at james.hultz@ndlf.com Mr. Packer may be contacted at alan.packer@ndlf.com Read the court decision
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Construction Law Client Alert: California Is One Step Closer to Prohibiting Type I Indemnity Agreements In Private Commercial Projects

June 15, 2011 — Haight Brown & Bonesteel, LLP

On June 1, 2011 by majority vote, the California Senate passed Senate Bill 474, which would amend Civil Code section 2782, and add Civil Code section 2782.05. The passage of this new law is a critical development for real estate developers, general contractors and subcontractors because it will affect how these projects are insured and how disputes are resolved.

Civil Code section 2782 was amended in 2007 to prohibit Type I indemnity agreements for residential projects only. Since 2007, various trade associations and labor unions have lobbied to expand those very same restrictions to other projects. These new provisions apply to contracts, entered into after January 1, 2013, that are not for residential projects, and that are not executed by a public entity. The revisions provide that any provision in a contract purporting to indemnify, hold harmless, and defend another for their negligence or other fault is against public policy and void. These provisions cannot be waived.

A provision in a contract requiring additional insured coverage is also void and unenforceable to the extent it would be prohibited under the new law. Moreover, the new law does not apply to wrap-up insurance policies or programs, or a cause of action for breach of contract or warranty that exists independently of the indemnity obligation.

The practical impact of this new law is that greater participation in wrap-up insurance programs will likely result. While many wrap-up programs suffer from problems such as insufficient limits, and disputes about funding the self-insured retention, the incentive for the developer or general contractor to utilize wrap-up insurance will be greater than ever before because they will no longer be able to spread the risk of the litigation to the trades and the trade carriers.

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Reprinted courtesy of Steve Cvitanovic of Haight Brown & Bonesteel, LLP.

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Consumer Prices Rising as U.S. Housing Stabilizes: Economy

June 18, 2014 — Jeanna Smialek and Shobhana Chandra – Bloomberg
Consumer prices rose in May by the most in more than a year, showing U.S. companies are gaining some pricing power as the economy strengthens, and the homebuilding industry stabilized after a first-quarter swoon. The cost of living increased 0.4 percent, the biggest advance since February 2013, according to Labor Department data released today in Washington. Other figures showed builders broke ground on 1 million homes at an annualized rate after 1.07 million in April, the best two-month reading since late 2013. The reports will be welcome news to Federal Reserve policy makers meeting today and tomorrow as the pickup in inflation lessens the threat of a prolonged drop in prices that hurts economic growth. Central bankers are projected to continue scaling back their bond-buying program, while an increase in interest rates is delayed until well into 2015. Ms. Smialek may be contacted at jsmialek1@bloomberg.net; Ms. Chandra may be contacted at schandra1@bloomberg.net Read the court decision
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Reprinted courtesy of Jeanna Smialek and Shobhana Chandra, Bloomberg

With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it)

August 10, 2017 — Christopher G. Hill - Construction Law Musings
Virginia mechanic’s liens are a powerful and tricky beast that in most cases require absolute precision in their preparation. However, an interesting opinion recently came out of the Virginia Supreme Court that may provide a bit of a “safe harbor” from the total form over function nature of a mechanic’s lien. In Desai, Executrix v. A.R. Design Group Inc., the Court considered a lien memorandum that had what could be described as technical flaws in the preparation of the mechanic’s lien by A. R. Design Group. The basic facts are that A. R. Design Group used the form of lien found in Va. Code Sec. 43-5 (also found as Form CC-1512 at the Virginia Judiciary website) when it recorded two lien memoranda for two pieces of property owned by a trust. Relating to one of the two properties, the memorandum failed to identify the “Owner” as the trustee of the trust. On the memoranda relating to both properties the affidavit verifying the amounts claimed did not identify the signatory as agent for A. R. Design Group, instead listing the agent as the claimant and further failed to state a date from which interest is claimed or a date on which the debt was due. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

The Godfather of Solar Predicts Its Future

October 02, 2023 — Oscar Boyd, Akshat Rathi, & Christine Driscoll - Bloomberg
Setting world records. Combing through warehouses of old electronics. Seeding the Chinese solar industry from afar. This is the life of Martin Green, a professor at the University of New South Wales in Sydney and the director of the Australian Centre for Advanced Photovoltaics. Green’s work on solar panel design made the modern solar industry possible: 90% of solar panels made last year were based on his designs. He’s still going strong, too, regularly breaking new records in the pursuit of the perfect solar panel. This week on Zero, Akshat Rathi sits down with the man many call “the godfather of solar” to hear firsthand how it happened, the next record he wants to break and whether solar panels are destined for space. Reprinted courtesy of Oscar Boyd, Bloomberg, Akshat Rathi, Bloomberg and Christine Driscoll, Bloomberg Read the court decision
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Saving Manhattan: Agencies, Consultants, Contractors Join Fight to Keep New York City Above Water

November 27, 2023 — Pam McFarland & Corinne Grinapol - Engineering News-Record
In densely populated cities surrounded on all sides by water—the borough of Manhattan in New York City as a prime example—the risks from sea level rise and climate change are not just hypotheticals; they are existential threats. Reprinted courtesy of Pam McFarland, Engineering News-Record and Corinne Grinapol, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Read the full story... Read the court decision
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Don’t Overlook Leading Edge Hazards

May 20, 2019 — Baxter Byrd - Construction Executive
Leading edge hazards are often misunderstood and overlooked on today’s highly visible jobsites. Evidence is readily available via images shared on construction-related social media accounts. In the context of people showing pride for the hard work they do or the extreme conditions under which they work, posts offer glimpses into the methods employed to mitigate fall hazards. Alarmingly, many of these methods do not adhere to industry-accepted standards, especially in the case of leading edge applications. Mincing Words The definition of “leading edge” itself has undergone somewhat of a transformation since its introduction by OSHA to its current use by ANSI in the Z359.14-2014 “Safety Requirements for Self-Retracting Devices for Personal Fall Arrest and Rescue Systems” standard. OSHA defines a leading edge as an “unprotected side or edge during periods when it is actively or continuously under construction,” giving many the impression that a leading edge was a temporary condition found only during the construction of a structure. Reprinted courtesy of Baxter Byrd, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Byrd may be contacted at info@puresafetygroup.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES